ANNA MARIA ISLAND – A recent court ruling now allows rifles, shotguns, holstered sidearms and other firearms to be openly carried in public throughout Florida, with certain exceptions, prompting wide-ranging reactions from local law enforcement officials.
On Anna Maria Island, firearms can now be openly carried at Manatee Beach, Coquina Beach and all other public beaches, at Bayfront Park and City Pier Park, at public boat ramps, while strolling Bridge Street, Pine Avenue and the Island’s other business and restaurant districts, in churches and anywhere else not prohibited by Florida law.
When contacted on Sept. 19 and asked if openly carried firearms are now allowed on the Island’s county-owned public beaches, Manatee County Sheriff’s Office Public Information Officer Randy Warren said, “Yes, under this ruling, firearms are allowed on the beach.”
In 2023, the Florida Legislature and Gov. Ron DeSantis eliminated the requirement to obtain a permit to carry a concealed weapon; the recent open carry ruling provides additional allowances for Florida gun owners.
The ruling
On Sept. 15, the Florida Police Chiefs Association (FPCA) distributed the open carry guidance memorandum prepared by FPCA General Counsel David Marsey.
“On Sept. 10, 2025, the First District Court of Appeal struck down Florida’s ban on the open carry of firearms, finding Section 790.053, Florida Statutes, unconstitutional. Although a previous Florida Supreme Court case held that Florida’s ban on open carry was constitutional, the recent McDaniels case was the first to consider the constitutionality of Florida’s open carry ban under intervening Supreme Court case law which clarified the rights protected by the Second Amendment,” Marsey’s memo says.
Marsey noted the McDaniels ruling is now the law of the state and the appellate court’s opinion is binding on all Florida trial courts until another appellate court or the Florida Supreme Court renders a contrary opinion.
“Nothing in the McDaniels case prohibits the enforcement of Florida’s reckless display of a firearm statute, the ban on possession of firearms by convicted felons or the enforcement of the ban on the carrying of firearms in otherwise prohibited places, whether open or concealed,” Marsey’s memo says.
“Because the ban on open carry is currently unconstitutional, Florida’s law enforcement officers should immediately discontinue enforcement of the statute and Florida’s chiefs and law enforcement executives should take immediate action to prevent arrests for a violation of this statute. Arrests for open carrying of firearms in light of McDaniels most likely exposes officers and/or agencies to civil liability,” Marsey wrote.
The FPCA memo included a link to the Sept. 15 guidance memo issued by Florida Attorney General James Uthmeier.
Uthmeier’s memo references Florida Statute 790.06(12)(a) and the restrictions set forth there now also apply to openly carried firearms. Prohibited locations include law enforcement facilities, courthouses and courtrooms, election polling places, a meeting place of any city or county government, public school district or special district, a meeting place of the Florida Legislature, any elementary or secondary school or college facility, administration building or career center, any school, college or professional athletic event not related to firearms and any portion of an establishment licensed to dispense alcoholic beverages for on-premise consumption as its primary business activity.
Uthmeier’s memo notes that private property owners (including business owners) maintain the legal right to compel individuals carrying firearms to leave their premises, and any person carrying a firearm who violates the private property owner’s warning to depart will commit armed trespassing, a third-degree felony.
Island law enforcement reaction
When contacted on Sept. 19 and asked about the open carry ruling, Holmes Beach Police Chief Bill Tokajer said, “Just because the law says you can do something doesn’t mean you should do it. It doesn’t mean the beach is the right place to come with a rifle or a shotgun. We’re hoping common sense prevails and we need people to be mindful that there are still places you cannot carry a firearm, openly or concealed.”
When asked if he’s concerned about the open carry ruling, Tokajer said, “I am not. I don’t see that being a concern for the residents of Holmes Beach. I don’t think we have that many people that will push the envelope.”
As for walking the beach or any other public place while carrying a shotgun or rifle, Tokajer said, “The statute says you can’t carry in a menacing or threatening fashion, which means the barrel of the gun should always either be pointed directly straight up or straight down. If you’re carrying in a manner that points the gun towards somebody, intentional or not, that’s an arrestable charge.”
When asked if the ruling presents additional concerns for his officers, Tokajer said, “I don’t believe so. As a police officer, when you respond to any incident you’re bringing a gun with you, which always makes it an armed encounter. You always have to be cautious.”
Sgt. Brett Getman from the Manatee County Sheriff’s Office Anna Maria Unit said, “We are going to enforce the law as it’s written. We have been given guidance by our sheriff and legal department.”
Bradenton Beach Police Chief John Cosby said, “This is a huge concern. This is going to be a problem.”
